Terms of Use - 1/18/2011 - Version 2.0

BY CLICKING A BOX OR PRESSING A BUTTON INDICATING YOUR ACCEPTANCE YOU AGREE TO THESE TERMS OF USE. IF YOU ARE USING THIS WEB SITE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNDERSTAND AND AGREE WITH THESE TERMS OF USE, YOU SHOULD SEEK LEGAL COUNSEL, NOT ACCEPT THE TERMS OF USE, AND NOT USE THE SERVICES.

Definitions

"Affiliate" means, with respect to a party, any entity which directly or indirectly controls, is controlled by, or is under common control with such party.

"Agreement" means this Terms of Use.

"Web Site" means the hosted, on-demand, Web-based on-line service provided by Webauthor, including updates thereto from time to time.

"Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

"User" means You and Your employees, agents, contractors, consultants or any other individuals and/or end users who are authorized by You to access and use the Web Site and/or whose information is stored on the Web Site.

"Webauthor" means Webauthor.com, LLC, a Florida Limited Liability Company. Webauthor's address is 2737 Misty Oaks Circle; Royal Palm Beach, FL 33411. You may contact Webauthor at any time by E-mail to [email protected].

"You" or "Your" means the individual, company, or other legal entity for which You are accepting this Terms of Use.

"Your Data" means without limitation any and all data and textual information submitted to or through the Web Site by You. You are required, at Your own expense, to insure that all such text and data meets all local, state, and federal security and confidentiality requirements before its entry into the Web Site, storage and use in the database(s) used for the Web Site, and for its eventual display and/or use on any screen or page of the Web Site.

Your use of the Web Site or any of the services made available through the Web Site constitutes Your agreement with the following terms and conditions:

You are responsible for all activities conducted under Your User login and for Your compliance with this Terms of Use. You shall use the Web Site solely for your internal personal and business purposes, in compliance with applicable law, and shall not: (i) resell, sublicense, lease, time-share or otherwise make the Web Site available to any third party; (ii) send or store infringing or unlawful material; (iii) send or store Malicious Code; (iv) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Web Site or the data contained therein; (v) modify, copy or create derivative works based on the Web Site; (vi) reverse engineer the Web Site; (vii) access the Web Site for the purpose of building a competitive product or service or copying its features or user interface; (viii) use the Web Site, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without Webauthor's prior written consent; (ix) permit access to the Web Site by a direct competitor of Webauthor, or (x) allow any User under the age of 14 to access or use the Web Site.

Individual User registration is required to use the Web Site. Webauthor reserves the right to refuse registration, or to refuse or limit access to the Web Site or any features, to anyone in its sole discretion. You will provide accurate, current and complete information in any registration or other account-related forms provided on the Web Site and agree to maintain the security of Your username(s) and password(s). You will maintain and promptly update Your Information to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME(S) AND PASSWORD(S) MAY BE ABLE TO ACCESS YOUR ACCOUNT (INCLUDING YOUR INFORMATION, TRANSACTION INFORMATION, AND OTHER USER DATA YOU OR OTHERS HAVE PROVIDED TO WEBAUTHOR (SOME OF WHICH YOU MAY CONSIDER CONFIDENTIAL IN NATURE). YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO THE WEB SITE BASED ON THE SHARING OR LOSS OF A USERNAME AND PASSWORD. You will promptly notify Webauthor if You discover or otherwise suspect any security breaches related to the Web Site, including any unauthorized use or disclosure of a username or password.

In order to insure that accurate information exists on the Web Site we may periodically send You an E-mail asking You to verify Your personal information. Should Your mail server return our E-mail or should You refuse to verify Your information in a timely manner we have the right to terminate Your access to the Web Site and remove any and all data You provided with no further obligation to You.

You understand and agree that any personal information that You provide may be available to other participants on of this Web Site and depending on choices made by either the sponsor or/or administrator(s) of Your Web Site Your personal information may under certain circumstances be made available to members of the general public. You should therefore use appropriate caution when entering Your personal information into the Web Site.

Webauthor reserves the right to modify or replace this Agreement at any time and in Webauthor's sole discretion. Webauthor will indicate at the top of each Agreement the date such document was last updated. Any changes will be effective immediately upon posting the revised version on the Web Site (or such later effective date as may be indicated at the top of the revised Agreement). Your continued use of the Web Site following the posting of any changes to this Agreement will constitute Your acceptance of such changes. If You do not agree to the changes, You must immediately stop using the Web Site. In addition, Webauthor may provide other methods by which You may accept this Agreement or changes to this Agreement.

There may be times when You may be able gain access to other web sites and/or Internet related content that is not owned, maintained, or controlled by Webauthor (and which may or may not be part of the Web Site). Such additional information and/or content may be available via hyperlink from the Web Site or it may be contained within and integrated with Content provided by Webauthor. Webauthor assumes no responsibility for any material outside the Web Site that may be accessed in this manner.

All information, content, instructions and services provided by Webauthor, its owners, officers, investors, employees, agents, and authorized representatives on the Web Site is owned by or licensed to Webauthor (the "Content"). Webauthor and its licensors retain all proprietary rights to the Content.

Webauthor makes no guarantee or warranty as to the accuracy or completeness of the Web Site or the Content and the Web Site and the Content is provided "AS IS" and "AS AVAILABLE". Neither Webauthor nor any of its licensors shall be liable to You or anyone else for any damages arising from or relating to any inaccuracy, error or omission in the Web Site or the Content. By using this Web Site, You assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet Your needs and requirements.

Access to this Web Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Your use of this Web Site constitutes consent to such monitoring.

The accuracy of information supplied by You and other users is not within the control of Webauthor, and Webauthor does not certify that it has verified any information, file, or other information entered into the Web Site database or available on this Web Site. Webauthor has no obligation to screen or edit information that is posted or shared by You or other users of the Web Site and we reserve the right (without notice) to remove any information found on the Web Site that Webauthor finds to be objectionable.

Webauthor has NO authority or control over the operation or performance of any portion of the Internet including other Internet sites to which this Web Site may be linked or from which this Web Site may be accessed. You acknowledge that in any computer system and any network of computer systems there is certain to be downtime due to mechanical, telecommunication, software, hardware and third party vendor failures during which Webauthor will be unable to provide access to this Web Site. Webauthor cannot predict or control when such downtime may occur and cannot control the duration of such "downtime".

You understand and agree that the Internet is inherently unreliable and subject to breaches of security and the transmission of Malicious Code that can cause harm to Your computer system(s). Therefore, Webauthor cannot be responsible for the integrity of any information, file or other posting available on, sent to, or received from or through this Web Site. Webauthor shall not be liable to You or any third parties for any damage to Your computer from use of this Web Site or for Malicious Code Your computer may receive by accessing this Web Site.

By using this Web Site, You agree to indemnify, hold harmless and defend Webauthor from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from Your use of this Web Site. Furthermore, You agree to indemnify, hold harmless and defend Webauthor from any damages, losses, costs and expenses (including reasonable attorneys' fees) it suffers which arise from or relate to Your breach of these terms of use. Your sole and exclusive remedy for any breach of this agreement by Webauthor shall be a refund of the fees paid to use the Web Site (if any).